84-1204_CC_Minutes_Regular Meeting3'71
DECEMBER 4, 1984
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Hausdorfer
at 7:06 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Pastor Roger
Boatman, Community Christian Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; John R. Shaw, City Attorney; Robert G.
Boone, Director of Administrative Services; William D. Murphy,
Director of Public Works; Thomas G. Merrell, Director of
Community Planning and Development; Cheryl Johnson, Recording
Secretary.
MTNTTTES
Regular Meeting of November 20, 1984:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the Minutes of the Regular Meeting of November 20,
1984, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilmen Bland and Schwartze
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
_1_ 12/4/84
PRESENTATIONS AND COMMENDATIONS
WELCOME TO MEMBERS OF BOY SCOUT TROOP 702
(36) Mayor Hausdorfer introduced three Boy Scouts from Troop 702,
Matt Dickey, David Sims, and Eric Paegle, who were present
as a requirement for earning their Government Badge. The
Mayor thanked them for their work in the community.
1. RESOLUTION OF COMMENDATION - JOHN CRAIN, CAPISTRANO UNIFIED
(78) Written Communications:
(36) Report dated December 4, 1984, from the Senior
Administrative Assistant, forwarding a Resolution commending
John R. Crain, upon his retirement after 32 years in the
Capistrano Unified School District. Mr. Crain's career
included service as a teacher, principal , and district
administrator in San Clemente, Capistrano Beach, and most
recently in San Juan Capistrano as principal of San Juan
Elementary School.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried that the following Resolution
be adopted.
RESOLUTION NO. 84-12-4-1, COMMENDING JOHN R. CRAIN - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING JOHN R. CRAIN,
RETIRING CAPISTRANO UNIFIED SCHOOL DISTRICT
ADMINISTRATOR
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
Councilman Friess will present the Resolution to Mr. Crain
at his retirement dinner.
2. RESOLUTION OF COMMENDATION - DR. NORMAN NEUERBERG, HISPANIC
DECORATIVE ARTS EXHIBIT
(52) Written Communications:
(36) Report dated December 4, 1984, from the Senior
Administrative Assistant, forwarding a Resolution honoring
Dr. Norman Neuerberg for sharing his artifacts and his
expertise as curator for the Hispanic Decorative Arts
Exhibit on display at the San Juan Capistrano Library La
Sala during July and August of 1984.
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3'73
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 84-12-4-2, HONORING DR. NORMAN NEUERBERG
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, HONORING DR. NORMAN
NEUERBERG
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. RESOLUTION OF COMMENDATION - HARRY BENSON, PHOTOJOURNALISM
(52) Written Communications:
(36) Report dated December 4, 1984, from the Senior Administrative
Assistant, forwarding a Resolution honoring Harry Benson, a
world famous photojournalist, for sharing his photographs
during an exhibit held in the San Juan Capistrano Library La
Sala during March and April, 1984.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 84-12-4-3, HONORING HARRY BENSON - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, HONORING HARRY BENSON
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
INTRODUCTION OF LIEUTENANTS - ORANGE COUNTY SHERIFF'S DEPARTMENT
(70) Captain Vito Ferlauto, Orange County Sheriff's Department,
introduced Lt. Bobby Rivas and Lt. John Hewitt, who have
been assigned to the Southern County Substation on a
permanent basis. Lt. Rivas will be in charge of the
Investigative Unit, and Lt. Hewitt will be in charge of
Patrol Operations. Captain Ferlauto further advised he will
be out of town from January through March and Lt. Hewitt
will be in charge.
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F--- -- --- --
3 74
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated December 4, 1984, Warrant Register
No. 85-061, in the total amount of $177,324.85, was approved
as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of
September 30, 1984, in the total amount of $17,709.37, was
approved as submitted.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
(62) The Report dated December 4, 1984, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of November 19, 1984, was ordered received and
filed.
4.
(38) As set forth in the report dated December 4, 1984, from the
(74) City Attorney, the Assumption Agreement between the City and
the current property owners, Gorden D. and Fumiko Bundy,
Carnegie Construction Company, Camino de Anza Associates,
and Nichols Capistrano Associates, was approved. The
agreement will run with the land and provides for landscape
maintenance of the parkway at the business park on Camino
Capistrano adjacent to Interstate 5. The business park was
developed by B. H. Miller Construction Company and was
approved as Division of Land 77-4.
5. AUTHORIZATION FOR GRANT APPLICATION SENATE BILL 344 (VEREDA
DTVDGTTVI
(41) As set forth in the report dated December 4, 1984, from the
(62) Senior Administrative Assistant, staff was authorized to
apply for Senate Bill 244 grant funds for construction of a
portion of the Vereda Bikeway which traverses Cook Park from
La Novia Avenue to the playing fields. The project cost
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3'75
was estimated at $71,000; a 10% match would be required if
the grant is obtained.
CLOSED SESSION
Council recessed to a Closed Session at 7:15 p.m., the City Clerk
being excused therefrom, for discussion of legal matters
regarding the Amendments to the Non -Exclusive Franchise Agreement
for Times Mirror Cable Television. Council reconvened at 7:28
p.m.
These items were continued from the meeting of November 20, 1984,
and were taken out of order on the Agenda for the benefit of
persons in the audience.
(72) Receipt of Petitions/Letter
Mayor Hausdorfer acknowledged receipt of petitions with
approximately 155 signatures dated November 19, 1984, in
opposition to the Hearing Officer Procedure and receipt of a
letter dated November 29, 1984, from Art McConnell,
addressed to the Mayor with copies to Council.
(23) Written Communications:
(1) Report dated December 4, 1984, from the City
Clerk, advising that the Ordinance was introduced
at the City Council meeting of November 6, 1984,
and was scheduled for adoption.
(2) Report dated November 20, 1984, and resubmitted
December 4, 1984, from the City Attorney,
forwarding a Resolution establishing
administrative procedures for the Hearing Officer
in review of rent increases in mobile home parks.
The City Attorney made an oral report, advising that
the amendments were designed to add to and improve upon
due process protections to both tenants and landlords
and to make procedural changes to insulate rent control
decisions from later legal action; that the overall
intent was to improve the system. He advised that the
Hearing Officer procedure was recommended because
current State law requires that "quasi-judicial
actions" of local agencies meet strict mandates dealing
with such things as the conduct of the hearing, taking
of testimony, marking of evidence, and preparation of
written, analytical, and detailed findings. Mr. Shaw
described the proposed process, emphasizing that the
Hearing Officer would not make binding decisions, but
would make recommendations to the Mobile Home Park
Review Committee.
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F-
7 6 The following persons addressed Council in opposition
to the proposed Hearing Officer Procedure:
(1) Mary Rose Winkler, 32802 Valle Road, Space 111;
(2)
Tom Weise, 32802 Valle Road, Space
41;
and,
(3)
Edwin Clark, 32302 Alipaz Street,
Space
267.
Council concurred in their support of the procedure,
stating it was in the best interests of the City as a
whole and would provide protection for mobile home park
residents, owners, and the rent control ordinance
itself; further, that the Hearing Officer and the
Mobile Home Park Review Committee were responsible for
making recommendations only and that Council would
continue to make the final decisions.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next
in order. Further reading of all Ordinances had been
waived earlier in the meeting. It was moved by
Councilman Schwartze, seconded by Councilman Friess,
that the following Ordinance be adopted:
ORDINANCE NO. 526, MOBILE HOME PARK RENT INCREASES
- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 2-2.903(c) AND
2-2.905 OF THE MUNICIPAL CODE BY PROVIDING FOR A
HEARING OFFICER PROCEDURE IN REVIEW OF MOBILE HOME
PARK RENT INCREASES
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the following Resolution be adopted:
84-12-4-4. HEARING OFFICER PROCEDURE -
munlLr. numz YAAA AGN"1' A AmouLu"1'luLN ur 'j nz
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A HEARING OFFICER PROCEDURE
PURSUANT TO SECTION 2-2.905(a) OF TITLE 2, CHAPTER 2,
ARTICLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
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The motion carried by the following vote:
AYES:
NOES:
ABSENT:
PUBLIC HEARINGS
1. AMENDMENTS 7
Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
None
None
NON-EXCLUSIVE FRANCHISE AGREEMENT I
3'7'7
(43) This Hearing was continued from the meeting of November 20,
1984.
Proposal:
Amendments to the Times Mirror Franchise pursuant to a
settlement reached in the suit against the City stemming
from application of the City's "Rules and Regulations
Governing Additions to Designated Service Areas" and
subsequent award of two Wilshire Diversified tracts to
Storer Cable Television.
Applicant:
This was a City -initiated Hearing.
Written Communications:
(1) Report dated December 4, 1984, from the Director of
Administrative Services, forwarding an Ordinance which
amends the Times Mirror Franchise and repeals Ordinance
No. 389. The report advised that the Ad Hoc Cable
Television Committee reviewed the amendments and
recommended adoption of the Ordinance.
(2) Two-page report received December 4, 1984, forwarding
additional information regarding the amendments to
Ordinance No. 149. The report set forth differences
between Storer Cable TV and Times Mirror Cable TV
regulations upon adoption of the amendments.
Exhibits were on display and the Director of Administrative
Services made an oral report summarizing events leading to
an injunction filed against the City over the Rules and
Regulations on additions and deletions to designated
service areas and subsequent Settlement Agreement. He
advised that the Settlement Agreement contained a repeal of
the Resolution setting forth the Rules and Regulations for
designated service areas and amendments to the Times Mirror
Ordinance No. 149, which were attached as Exhibit "B";
further, that on Page 3, Section 4, an addition had been
made that concurrently with execution of Settlement
Agreement, the parties, through their attorneys, were to
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execute a Stipulation for Order Dissolving Preliminary
Injunction and for Return of Undertaking, which was included
as Exhibit "A". Mr. Boone further cited three revisions to
be incorporated into the Ordinance: (1) Page 55, Section 4,
Line 7, to delete reference to Storer Cable TV and replace
with "Grantee;" (2) Page 54, Section 44, Line 15, to add
language that "nor have waived any rights thereunder;" and,
(3) Page 7, Line 21, to provide for a map of the Times
Mirror designated area. He recommended that the Mayor and
City Clerk be authorized to execute the Settlement
Agreement; that the Stipulation Order be approved and the
City's attorneys, Rutan & Tucker, be authorized to execute
the Order; that the Resolution repealing the Rules and
Regulations regarding designated services areas be adopted;
and, that the Ordinance amending the Times Mirror
Non -Exclusive Franchise be introduced.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Approval of Settlement Agreement and Stipulation Order
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to approve the Mutual
Settlement and Release Agreement between Times Mirror Cable
Television and the City, and to authorize the Mayor and City
Clerk to execute the Agreement on behalf of the City; as
part of the settlement, representatives of Rutan and Tucker
were authorized to execute the Stipulation Order.
Repeal of Rules and Regulations/Designated Service Areas:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO.
83-7-19-3 - RULES AND REGULATIONS FOR THE SELECTION OF
FRANCHISEE TO SERVE DESIGNATED SERVICE AREAS FOR CABLE
TELEVISION
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
UM
12/4/84
379
Amendments to Ordinance:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to approve the amendments to
the Ordinance relating to the non-exclusive franchise of
Times Mirror as noted by the Director of Administrative
Services.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Bland, that the following
Ordinance be introduced:
ORDINANCE NO. 528, NON-EXCLUSIVE FRANCHISE (T
MIRROR CABLE TELEVISION) - AN ORDINANCE OF TH
SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO
NON-EXCLUSIVE FRANCHISE OF TIMES MIRROR CABL
TELEVISION AND AMENDING ORDINANCE NO. 149 AND
ORDINANCE NO. 389
The motion carried by the following vote:
IMES
E CITY OF
THE
E
REPEALING
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - SECONDARY
DWELLING UNITS ON SINGLE-FAMILY LOTS
(55) Proposal:
Consideration of an amendment to Title 9 of the Municipal
Code to regulate the creation of secondary dwelling units
and other accessory structures to conform to recent State
legislation. The amendment would allow secondary units as
accessory to a single-family detached dwelling only if a
Conditional Use Permit were approved by the Planning
Commission; secondary units would not be allowed as
accessory to attached principal dwellings. The secondary
unit may be either attached or detached, but must contain
sleeping quarters, bathroom, and kitchen facilities; shall
be a minimum of 300 square feet and a maximum of 4,000
square feet in gross floor area; must meet the same setback
requirements as the principal dwelling, with an exception
for units 450 square feet; and, must have available one
independently -usable, covered off-street parking space.
Ownership is to remain in common with that of the principal
dwelling.
Applicant:
This was a City -initiated Hearing.
-9- 12/4/84
Written Communications:
Report dated December 4, 1984, from the Director of
Community Planning and Development, forwarding background
information and the recommendation of approval from the
Planning Commission.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Structures:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Buchheim, that the
following Ordinance be introduced:
NO. 529, AMENDMENT TO TITLE
SECTION 9-3.607 OF THE MUNICIPAL CODE
ACCESSORY USES AND STRUCTURES
The motion carried by the following vote:
9 OF THE MUNICIPAL
- AN ORDINANCE OF
FORNIA, AMENDING
RELATING TO
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. GENERAL PLAN AMENDMENT 84-2 - HOUSING ELEMENT REVISION
(46) Proposal:
Consideration of amendments to the General Plan Housing
Element in accordance with State law. The amendment was
initiated by Council on April 17, 1984; in September, the
State's written comments were received by the City. The
Revised Housing Element makes no fundamental changes to the
existing practices but differs by including analyses of the
removal of government constraints and of equal housing
opportunity. It incorporates the most recent census
information, and summarizes achievements of the present
Housing Element.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated December 4, 1984, from the Director of
Community Planning and Development, forwarding a
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381
recommendation of approval from the Planning Commission.
The report advised that the revision was completed with the
assistance of a consultant, Ralph Castaneda, in the total
amount of $4,000, which was charged to Account No.
01-4310-213,
Patricia Wilcox, Assistant Planner, made an oral report and
advised that Ralph Castaneda was present to answer
questions.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Approval of Revised Housing Element:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 84-12-4-6, GENERAL PLAN AMENDMENT 84-2
HOUSING ELEMENT REVISION) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING GENERAL PLAN AMENDMENT 84-2 (REVISED HOUSING
ELEMENT)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
4. EXTENSION OF TIME - TENTATIVE TRACT 11587 (AROSA)
(85)Proposal:
Consideration of a request for an extension of time for
Tentative Tract 11587, a subdivision of approximately 9.8
acres located on the north side of Camino Las Ramblas
between the future extension of Via California and Via de
Agua. The tract was approved by Council on November 3,
1981, and had received one-year extensions of time on
December 14, 1982, and on October 25, 1983.
Applicant:
J. I. Kocmur, President, Arosa
Inc., 4000 MacArthur Boulevard,
92660.
Development and Management,
Suite 790, Newport Beach,
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Written Communications:
Report dated December 4, 1984, from the Director of
Community Planning and Development, forwarding a Resolution
approving the time extension subject to previous conditions,
two of which were modified to require an arborculturalist
report and to delete the reference to 1985 phasing for the
traffic signal at Camino Las Ramblas at Valle Road
(extended).
Tom Tomlinson, Senior Planner, made an oral report, noting a
correction to Condition No. 1 to delete further extensions.
Mayor Hausdorfer noted that this would be the last extension
available for the tract; further, that he had responded to a
letter of concern from Mr. Buell, a homeowner in the area.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Approval of Tentative Tract 11587/Time Extension:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the following Resolution be adopted as amended:
RESOLUTION NO. 84-12-4-7, TENTATIVE TRACT MAP 11587
(AROSA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 11587 AND RESCINDING RESOLUTION NO. 81-11-3-2
(AROSA)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
5. TENTATIVE TRACT 12276 (BRINDERSON/LYON)
(85) Proposal:
Consideration of a request to convert a previously -approved
274 -unit apartment complex at the corner of Camino Las
Ramblas and the I-5 freeway to condominiums. The request
was made because bond financing was obtained for the project
and presence of a tract map would maximize the loan amount
obtainable through bond financing proceeds; Citicorp Real
Estate, the lender, required recordation of a tract map.
Bond financing for the project carries restrictions against
converting the apartments to condominiums for a period of
not less than 12 years; otherwise, the project would lose
its tax-exempt status. The project contains 19.2 acres
located on the north side of Camino Las Ramblas, west of the
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383
future extension of Via California. Adjacent uses include a
proposed 283 -unit condominium project to the north; Camino
Las Ramblas and a 40 -unit condominium project known as the
Cancun Racquet Club to the south; the I-5 freeway to the
west; and a proposed 32 -unit condominium project, 4 -acre
public park, and 1 -acre office building to the east. The
present zoning is PD (Planned Development) District.
Applicant:
The William Lyon Company/WLBD (San Juan Capistrano)
Associates, 19 Corporate Plaza, Newport Beach, 92660.
Written Communications:
Report dated December 4, 1984, from the Director of
Community Planning and Development, forwarding background
information and a recommendation of approval from the
Planning Commission.
Exhibits were on display and Tom Tomlinson, Senior Planner,
made an oral report, noting that the request was made to
provide favorable financing and approval was conditioned
upon the project remaining under one ownership for 12 years
from the date that the bonds are financed. The Resolution
provides that the property owner enter into an agreement
with the Community Redevelopment Agency to ensure that units
are not converted to condominiums prior to the 12 -year
limitation date.
Councilman Bland stated concerns regarding the possibility of
converting the project to condominiums and recommended that
written documents be made part of the permanent records
indicating the type of financing and subsequent
requirements. He was advised that the documents would be
requested and would also be incorporated into the Community
Redevelopment Agency agreement.
Approval of Tentative Tract 12276:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 84-12-4-8
12276 (WLBD -
SAN JUAN CAPISTRANO ASSUCIATBb) - A I-EOULUTIUN U
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12276
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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- -
3840 1 diNANCES
1. ADOPTION OF ORDINANCE NO. 527 - REZONE 84-6 CARETAKER'S
UNITS AS ANCILLARY TO PERMITTED COMMERCIAL USE
(95) Written Communications:
Report dated December 4, 1984, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
November 20, 1984, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read
order. Further reading
earlier in the meeting.
seconded by Councilman
Ordinance be adopted:
the title of the Ordinance next in
of all Ordinances had been waived
It was moved by Councilman Friess,
Schwartze. that the followina
ORDINANCE NO. 527, REZONE 84-6 (ORTEGA PROPERTIES) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 293 BY AMENDING ORDINANCE NO. 379 BY
ADDING SUBSECTION "E" TO PRINCIPAL USES PERMITTED IN
PLANNING SECTOR A-1 (CARETAKER'S UNITS AS ANCILLARY TO
A PERMITTED COMMERCIAL USE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
RESOLUTIONS
1. ARTERIAL HIGHWAY F
(44) Written Communications:
Report dated December 4, 1984, from the Director of Public
Works, forwarding a Resolution requesting inclusion of the
construction portion of the Del Obispo/Camino Del Avion
Traffic Safety Project in the 1985-86 Arterial Highway
Financing Program. The project was scheduled for multi-year
implementation with design occurring in 1983-84;
right-of-way acquisition in 1984-85; and, construction in
1985-86'. The project includes widening of the southeast
corner of the intersection to arterial standards and
construction of sidewalks to provide an improved safe route
to school. The estimated cost is $416,000; the County's
portion of $190,500, and the City's share is $225,500, which
includes funds for landscaping/irrigation which are not
reimbursable items under County AHFP guidelines.
-14- 12/4/84
Approval of Arterial Highway Financing Program Submittal:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 84-12-4-9, ARTERIAL HIGHWAY FINANCING
PROGRAM SUBMITTAL, 17257-tlb - ULi+ UD1JrV Jtnnni, .a-+.•ii...i
DEL AVION CONSTRUCTION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE
ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF
DEL OBISPO STREET AND CAMINO DEL AVION
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The City Clerk was directed to forward a certified copy of
the Resolution to the County of Orange.
BIDS, CONTRACTS, AGREEMENTS
1. VIA SONORA/PASEO BARRANCA STORM DRAIN (C80)
(80) Written Communications:
Report dated December 4, 1984, from the Director of Public
Works, forwarding results of bids submitted for the Via
Sonora/Paseo Barranca Drainage Improvement Project. The
project was readvertised as authorized by Council on
October 16, 1984. The report recommended an award of the
bid in the amount of $12,840, and requested a budget
amendment to transfer $8,000 to Account 06-476-508 from the
Major Street Repairs Account, since budgeted funds were
insufficient to cover all construction, staking, inspection,
and administrative costs.
Award of Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to award the contract for
the Via Sonora/Paseo Barranca Drainage Improvement Project
to the lowest responsible bidder, Cappello Construction
Company of San Juan Capistrano, in the amount of $12,840; to
reject all other bids; and, to authorize the Mayor and City
Clerk to execute the document on behalf of the City. A
budget amendment transferring $8,000 from Major Street
Repairs to Account 06-476-508 was authorized.
RECESS AND RECONVENE
Council recessed at 8:29 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:36 p.m.
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ADMINISTRATIVE ITEMS
CITY MANAGER
1. AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS
(66) Written Communications:
Report dated December 4, 1984, from the Senior
Administrative Assistant, advising that pursuant to adoption
of the 1984-85 Fiscal Budget, specifications for several new
positions authorized and funded by Council were developed;
further, that pursuant to Memoranda of Understanding agreed
to for Fiscal Year 1984-85, amendments to the City's
Compensation Plan were required to provide salary increases
for certain classifications, effective January 1, 1985.
Approval of Amendments to Classification and Compensation
Plan:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
- A
N JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NOS.
82-9-21-4 AND 84-7-17-9, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLANS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution amended the Personnel Classification Plan by
deleting the Assistant Building Official classification;
and, by adding classifications for Legal Secretary,
Accountant, Graphic Illustrator, and Senior Building and
Grading Engineer.
CITY CLERK
1. PUBLICATION OF ORDINANCE SUMMARIES:
(20) Written Communications:
Report dated December 4, 1984, from the City Clerk, advising
that pursuant to provisions of Government Code Section
36933, the City may publish a summary of a proposed
Ordinance or Ordinance amendment, instead of publishing the
entire Ordinance 15 days after its adoption. The report set
forth specific requirements and recommended use of the
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387 -
summary procedure as a cost-saving measure which could be
used based on the length of the Ordinance and the amount of
possible cost savings to the City by not publishing an
Ordinance in its entirety. The report further recommended
that the City Attorney or his designee be appointed to
prepare the Ordinance summary.
Approval of Ordinance Summaries:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to approve the
publication of Ordinance summaries as an alternative to
publishing the complete text; and, to appoint the City
Attorney or his designee to prepare such summaries.
2. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR COMMISSIONS,
BOARDS, AND COMMITTEES
(23) Written Communications:
Report dated December 4, 1984, from the City Clerk,
forwarding the lists of Commission, Boards, and Committees
prepared pursuant to Government Code Section 54974. The
report advised that when a vacancy occurs on the Local
Appointive List, a Vacancy Notice is prepared and posted at
the official posting places; i.e., City Hall, the Old Fire
Station Recreation Complex, the Library, and the City
Clerk's Department within 20 days after the vacancy occurs.
Affirmation of Local Appointive Lists:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to affirm the lists of
Commissions, Board, and Committees as submitted and to
concur with the posting of Vacancy Notices at the three
official posting places in the City, as well as in the City
Clerk's Department.
CITY ATTORNEY
1. GLENDALE FEDERAL QUITCLAIM OF OPEN SPACE LAND DEED
(73) Written Communications:
(85) Report dated December 4, 1984, from the City Attorney,
forwarding a proposed deed from Glendale Federal Savings and
Loan Association, quitclaiming to the City the area known as
the North Public Lands, pursuant to a litigation agreement
reached in 1978 calling for a two-stage grant of open space
lands. The report advised that the deed was consistent with
the litigation agreement with an exception extending "Use
Restrictions" to the year 2000 rather than 1990; Glendale
Federal requested the extension due to delays that have
occurred in development of the property. The report
further advised that Glendale Federal indicated by letter
that it will consent to the City's proposal for construction
of a cable tower on the North Public Land by Storer Cable TV.
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The City Attorney advised that an executed copy of the deed
had not been received from Glendale Federal and recommended
that the Mayor and City Clerk be authorized to execute the
deed upon receipt.
Acceptance of Deed:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried to approve the Deed for _
Acceptance upon receipt; to authorize execution of the Deed
and its recordation.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. STATUS REPORT - CABLE TELEVISION RATE INCREASE (STORER)
(43) Written Communications:
Report dated December 4, 1984, from the Director of
Administrative Services, advising that the Cable
Communications Policy Act of 1984 (HR 4103/5.66) will become
effective January 1, 1985; that pursuant to the Act, within
two years basic cable television service rates will be
deregulated and the City will no longer have authority over
those rates. The report further advised that during the two
years prior to complete deregulation cable operators can
increase rates up to 5% per year without approval of the
franchising authority. The report forwarded a notice from
Storer Cable Communications advising that effective
January 1, 1985, their basic rate will be increased 5%; the
rate for San Juan Capistrano subscribers will increase from
$10.00 per month to $10.50 per month.
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. RESIDENTIAL ALLOCAT
(85) Written Communications:
Report dated December 4, 1984, from the Director of
Community Planning and Development, recommending an
amendment to the Residential Allocation Schedule to allocate
274 permits for the year 1985 to the William Lyon Company to
implement construction of Tract 12276, Capistrano Pointe,
located at the corner of Camino Las Ramblas and the I-5
Freeway.
Approval of Allocation Schedule Adjustment:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried to adjust the adopted
Residential Allocation Schedule by allocating 274 permits
for 1985 to the William Lyon Company. A Public Hearing will
be scheduled for the meeting of January 8, 1985.
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DIRECTOR OF COMMUNITY SERVICES
1. QUARTERLY ACTIVITIES REPORT, SUMMER 1984
(62) Written Communications:
Report dated December 4, 1984, from the Director of
Community Services, forwarding the Community Services
Activities Report for the Summer of 1984.
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS
(67) The Report of Actions taken by the Planning Commission at
their meeting of November 27, 1984, was ordered received and
filed.
COUNCIL ACTIONS
1. APPOINTMENT TO
BOARD OF
(23) Written Communications:
Report dated December 4, 1984, from the Senior
Administrative Assistant, forwarding the names of applicants
for the vacancy on the Architectural Board of Review.
Appointment of Fotis Triandafillias:
Councilman Bland nominated Fotis Triandafillias. There
being no further nominations, nominations were closed, and
it was moved by Councilman Bland, seconded by Councilman
Schwartze, and unanimously carried to appoint Fotis
Triandafillias to the Architectural Board of Review.
2. APPOINTMENT TO THE CULTURAL ARTS AND HERITAGE COMMISSION
(23) This item was continued to the meeting of January 8, 1985.
Staff was directed to re -advertise the vacancy on the
Commission.
3. APPOINTMENT TO THE MOBILE HOME PARK REVIEW COMMITTEE
(23) This item was continued to the meeting of January 8, 1985.
Staff was directed to re -advertise the vacancy on the
Committee.
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3 904
4. APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT
(57) Written Communications:
Report dated December 4, 1984, from the Senior
Administrative Assistant, advising that the term of the
City's representative to the Orange County Vector Control
District will expire at the end of the year and forwarding
the District's request for either reappointment of the
current representative, Jarold Cole, or appointment of a
successor.
Reappointment of Jarold Cole to Vector Control District:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to reappoint Jarold Cole
as the City's representative to the Orange County Vector
Control District for the next two-year term of office ending
December 31, 1986.
COUNCIL REMARKS
1. COMMENDATION
(36) Mayor Hausdorfer expressed his appreciation to City staff
members for their efforts during the year and extended best
wishes for the holidays.
2. SISTER CITIES
(34) Councilman Schwartze expressed his appreciation for
assistance received from City Personnel and the newspapers
during the November 12, 1984, visit of residents from
Mallorca.
3. CITY HALL MASCOT
(34) Councilman Buchheim stated he will miss the City's mascot,
Biff, advising of the cat's recent death due to feline
leukemia.
4. SWALLOWS DAY (FIESTA ASSOCIATION)
(61) Councilman Friess noted a memorandum regarding the use of
alcoholic beverages during the Swallows Day Parade, and
there was a consensus of Council that a report be submitted
for consideration in January. Mayor Hausdorfer advised that
he would be meeting with Ilse Byrnes and Mac McDowell on the
matter.
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3�)1
5. SOUTH COUNTY JAIL SITES
(58) Councilman Friess noted a letter from Mayor Hausdorfer to
Supervisor Riley regarding possible jail sites in the South
County area and requested a copy of the applicable Los
Angeles Times newspaper article. Mayor Hausdorfer advised
that a study had identified two possible jail sites in the
vicinity of the City and cited a lack of notification from
the County.
CODE ENFORCEMENT
(67) Councilman Bland received clarification regarding a 10 -foot
(25) dish antenna located on top of the San Juan Saloon; use of
flags and penants for advertising in the Santa's Village
area; and use of Sale signs at E1 Peon on the weekends.
7. BICYCLE SAFETY
(87) Councilman Bland requested that the Traffic and
Transportation Commission review the bridge sidewalk on the
westbound Del Obispo crossing of San Juan Creek in terms of
improving motorists awareness of the narrowing of the road;
i.e., installation of reflectors or signing.
B. PATROL OF BICYCLE BRIDGE/DESCANSO PARK
(87) Councilman Bland advised of input received regarding
loitering and subsequent problems encountered on the bicycle
bridge over San Juan Creek in the afternoons and requested
Sheriff patrol of the area.
9. CABLE TELEVISION OUTAGES
(43) Mayor Hausdorfer noted a memorandum received regarding
causes of outages on the Storer Cable TV system and advised
that such information was useful to Council.
10. CITY REPRESENTATION AT PRESIDENTIAL INAUGURATION
(34) Mayor Hausdorfer advised that he had been invited to attend
President Reagan's inauguration on January 23, 1985, and it
was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried to authorize the Mayor's trip
and expenses on behalf of the City.
CLOSED SESSION
Council recessed to a Closed Session at 9:02 p.m., for discussion
of personnel and legal matters, the City Clerk being excused
therefrom, and reconvened at 10:02 p.m.
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There being no further business before the Council, the meeting
was adjourned at 10:02 p.m., to the next regular meeting date of
Tuesday, December 18, 1984, at 7:00 p.m., in the City Council _
Chamber. That meeting will be adjourned due to a lack of quorum;
the next Council meeting will be held on Tuesday, January 8,
1985.
Respectfully submitted,
MARY ANN PANOVER, CITY CLERK
ATTEST:
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12/4/84